Practice Area

Service Animal and ESA in HOA — When the HOA Says No

Fair Housing Act · 42 U.S.C. § 3604

Situation — How This Comes Up

My HOA has a no-pets policy and is refusing to allow my emotional support animal.

What You Need to Know First

The Fair Housing Act requires HOAs to provide reasonable accommodations for persons with disabilities — including allowing assistance animals in no-pet communities. An HOA that refuses a properly documented accommodation request is violating federal law.

Full Analysis

Under the Fair Housing Act, HOAs must provide reasonable accommodations for disability-related assistance animal requests. This applies to both service animals and emotional support animals. The HOA can request documentation but cannot impose requirements beyond HUD guidance.

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